Parliament to Vote on Amended Penal Code Addressing Cybercrime

TDT | Manama

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The House of Representatives is set to vote on an amendment to the Penal Code (Decree-Law No. 15 of 1976), as amended by Decree No. 7 of 2024, in its upcoming session.  The amendment significantly broadens the definition of theft to include modern electronic devices and addresses the growing issue of cybercrime.

Currently, the Penal Code outlines specific circumstances under which theft carries a minimum three-month prison sentence (Article 380).  These include theft from places of worship, residences, vehicles, or during nighttime, among other aggravating factors.  The existing text does not explicitly address the theft of electronic devices.

The proposed amendment adds a new clause (Clause 12) to Article 380, explicitly criminalising the theft of a mobile phone, laptop, tablet, or any electronic, magnetic, optical, electrochemical device, or any device integrating communication and computing technologies, or any other device capable of rapidly receiving, transmitting, processing, storing, and retrieving data."

This addition aims to address the increasing prevalence of theft targeting smartphones, computers, and other devices containing sensitive personal information, financial data, and other valuable assets.  The penalty for such crimes will be a minimum of one year imprisonment if the theft is committed with the intent of obtaining the data contained within the device.

Furthermore, the amendment adds two new clauses to Article 396, which currently addresses the misappropriation of lost or mistakenly acquired property, carrying a maximum penalty of two years imprisonment or a fine of 200 dinars.  The additions specify:

A penalty of up to two years imprisonment or a fine of 500 dinars for the misappropriation of the aforementioned electronic devices.
A penalty of up to two years imprisonment and/or a fine of 500 dinars for the appropriation of these devices with the intent to obtain the information, data, or images they contain.

The government justified the proposed amendments, stating that they are necessary to protect modern communication devices and the sensitive personal and financial information they contain.  The potential for misuse of this data necessitates stricter penalties, the government argued.

The Foreign Affairs, Defense, and National Security Committee of the House of Representatives has reviewed and recommended approval of the proposed amendments.  The House of Representatives will now decide on the fate of this significant update to the nation's Penal Code.